Internal transaction as an exception of the public procurement contract

The Master’s thesis analyses the exemption for public procurement called in-house agreement. In-house exemption was formulated in the case of law of the Court of Justice of the European Union and subsequently codified by Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC. The exemption for in-house provision entered into force in the Public Procurement law of the Republic of Lithuania in 2010. The first part of these thesis analyses the general features of the Public Procurement law of the Republic of Lithuania. The main concepts of public procurement law as well as principles are analysed in this part of thesis. This section illustrates the difference between public procurement procedure and in-house agreement. The second part of the thesis discusses the conditions for entering into in-house agreements according to case of law Teckal of the Court of Justice of the European Union. It also presents the third condition for entering into in-house agreements enshrined in Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC. The third part of the thesis analyses the institution of in-house agreements in the law system of Lithuania. It presents development of in-house agreements in the Republic of Lithuania and problematic aspects of current national regulation. The compatibility of the regulation of in-house agreements with competition law is also examined. The fourth part of thesis offers suggestions on how to regulate the institute of in-house agreements in future regulation of the Republic of Lithuania (Liberalize the regulation of in-house agreements or prohibit this institute)